MELVIN H. WOODARD, APPELLANT,
v.
PROFESSIONAL PRACTICES COUNCIL AND SCHOOL BOARD OF PINELLAS COUNTY, APPELLEES
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The Florida appellate court affirmed the dismissal of a teacher who furnished marijuana and beer to teenage students, holding that substantial competent evidence supported the State Board of Education's finding that such conduct constituted misconduct in office that seriously reduced his effectiveness as a teacher.
Substantial competent evidence supports dismissal of a teacher for misconduct in office when he furnishes marijuana and beer to students, as such conduct seriously impairs his effectiveness as an employee.
[1] Expert opinion testimony may support a finding that a teacher's furnishing of controlled substances and alcohol to students constitutes misconduct in office that seriousl…
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Join FLexlaw to unlock all legal intelligenceAppellant Woodard, a teacher in the Pinellas County school system, furnished marijuana and beer to young teenage students.…
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ROBERT P. SMITH, Jr., Judge.
Substantial competent evidence supports the finding of the State Board of Education that by furnishing marijuana and beer to young teenage students in the Pinellas County school system, appellant Woodard, a teacher, engaged in misconduct in office which seriously reduced his effectiveness as an employee of the school board, justifying his dismissal, Section 231.28, Florida Statutes (1979). Expert opinion testimony before the hearing officer furnished a record foundation for the Board of Education’s finding or conclusion, contrary to that recommended by the hearing officer, that furnishing beer and marijuana to students seriously impaired appellant’s effectiveness as a teacher. Florida Cities Water Co. v. Public Serv. Comm’n, 384 So. 2d 1280 (Fla.1980); McDonald v. Department of Banking and Finance, 346 So. 2d 569, 583 (Fla. 1st DCA 1977). Boyette v. State Professional Practices Council, 346 So. 2d 598 (Fla. 1st DCA 1977) is distinguished in that the underlying charge of misconduct which was asserted as grounds for teacher discipline was not sustained by substantial competent evidence, and the incident therefore did not substantiate the teacher’s resulting notoriety.
AFFIRMED.
BOOTH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Forehand v. Sch. Bd. OF Wash. Cnty., 481 So. 2d 953 (Fla. 1st DCA 1986)…oard’s argument. The rule is clear that proof of the identity of marijuana need only be established in an administrative setting by lay testimony. Walton v. Turlington, 444 So. 2d 1082 (Fla. 1st DCA 1984); Woodward v. Professional Practices Council, 388 So. 2d 343 (Fla. 1st DCA 1980). The Board’s order, however, mischaracterizes the effect of the recommended order. The findings in the Board’s order disclose that the suspected marijuana was seen twice in the vegetable garden, once on April the fifth — at a tim…
Authorities Cited
- McDONALD v. Dep't OF Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977)
- Fla. Cities Water Co. v. Fla. Pub. Serv. Comm'n, 384 So. 2d 1280 (Fla. 1980)
- Boyette v. State of Fla. Prof'l Practices Council, 346 So. 2d 598 (Fla. 1st DCA 1977)